Chapter 17.220 — REVOCATION OF VARIANCES AND PERMITS

Chapter 17.220 - REVOCATION OF VARIANCES AND PERMITS[[20]]

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Footnotes:

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Editor's note— Prior ordinance history: Ord. 348.2937, 1989; Ord. 348.3018, 1989; Ord. 348.2670, 1987; Ord. 348.2444, 1985; Ord. 348.2430, 1985; Ord. 348.2338, 1984; Ord. 348.2104, 1982.

Any conditional use permit, public use permit, variance, commercial WECS permit, or accessory WECS permit may be revoked by the director of the building and safety department upon finding that one or more of the following conditions for revocation exist.

A.

That the use is detrimental to the public health, safety or general welfare, or is a public nuisance;

B.

That the permit was obtained by fraud or perjured testimony;

C.

That the use is being conducted in violation of the terms and conditions of the permit;

D.

That the use for which the permit was granted has ceased or has been suspended for one year or more.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.31(a))

Upon determination by the director of the building and safety department that grounds for revocation exist, the following procedure shall take effect:

A.

Notice of Revocation. Notice of revocation and a copy of the findings of the director of the building and safety department shall be mailed by the director by certified mail to the owner of the property to which the permit or variance applies, as shown by the records of the assessor of Riverside County. The decision of the director of the building and safety department shall be final unless a notice of appeal is timely filed.

B.

Notice Of Appeal. Within ten (10) days following the mailing of the notice of revocation, the owner of the property to which the permit or variance applies may file with the planning director a notice of appeal from the decision of the director of the building and safety department. A notice of appeal shall be accompanied by the filing fee set forth in county Ordinance No. 671. A notice of appeal not accompanied by such fee shall be deemed null and void and shall not be processed.

C.

Setting Hearing—Costs. Appeals within the area jurisdiction of the East Area planning council, with the exception of appeals concerning commercial WECS permits, shall be heard by the council or, if the council so elects, shall be heard by a county hearing officer pursuant to and in accordance with county Ordinance No. 643. All other appeals, including appeals concerning commercial WECS permits, shall be heard by the planning commission, or if the commission so elects, shall be heard by a county hearing officer pursuant to and in accordance with county Ordinance No. 643. Notice of the time, date and place of the hearing shall be given as provided in Section 17.192.040. In the event that an appeal is heard by a county hearing officer and the owner of the property to which the permit or variance applies does not prevail in the appeal, the owner shall not be obligated to pay any hearing costs. In the event that an appeal is heard by a county hearing officer and the owner of the property to which the permit or variance applies prevails in the appeal, the owner shall not be obligated to pay all hearing costs.

D.

Testimony Under Oath. All testimony at the hearing shall be taken under oath.

E.

Notice of Decision. Notice of the planning commission or planning council's decision and a report of the proceedings shall be filed with the clerk of the board of supervisors not later than fifteen (15) days following the date the decision is adopted. A copy of the notice and the report shall be mailed to the applicant and proof of such mailing shall be indicated on the original notice filed with the clerk of the board of supervisors. If the county planning commission or planning council does not reach a decision due to a tie vote, such fact shall be reported to the board of supervisors in the same manner and within the same time for reporting decisions and such a failure to reach a decision shall constitute affirmance of the building director's revocation of the permit or variance.

F.

Placement of Matter on Board's Agenda. The clerk of the board of supervisors shall place the notice of decision on the board of supervisors' agenda for the next regular meeting to be held following the lapse of five days after the notice is filed with the board.

G.

Transfer to board of supervisors on Appeal. The revocation or nonrevocation of a permit or variance by the planning commission or planning council shall be final unless, within ten (10) days following the matter at which the notice of decision was on the agenda of the board of supervisors, the following occurs:

1.

An appeal to the board of supervisors is made by the owner of the property which is the subject of the revocation proceedings; or

2.

The board of supervisors orders the matter transferred to it for further proceedings.

H.

Further Proceedings Before Board of Supervisors. If either of the actions mentioned in subsection (G)(1) and (2) of this section are taken, the board of supervisors may:

1.

Refuse to review the planning commission or planning council's decision, in which case the decision shall be final;

2.

Review a transcript or recording of the testimony and all other evidence introduced before the planning commission or planning council, and based upon that record, affirm or reverse the decision of the planning commission or planning council or refer the matter back to the planning commission or planning council for the taking of further evidence or hearing additional argument in which case notice shall be given to the owner of the property which is the subject of the proceedings; or

3.

Set the matter for hearing before itself. At such hearing the board of supervisors shall hear and decide the matter de novo as if no prior hearing had been held. Notice of the time, date and place of the public hearing shall be given as provided in Section 17.192.040.

I.

Action by Board of Supervisors. The decision of the board of supervisors on revocation of a permit or variance is final.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.31(b))